The Cocoa and Chocolate Products (Scotland) Regulations 2003

Interpretation S

2.  In these Regulations–

“the Act” means the Food Safety Act 1990;

“catering establishment” means a restaurant, canteen, club, public house, school, hospital or similar establishment (including a vehicle or a fixed or mobile stall) where, in the course of a business, food is prepared for delivery to the ultimate consumer and is ready for consumption without further preparation;

“designated product” means any cocoa or chocolate product specified in column 2 of Schedule 1, as read with any Note to that Schedule and any provision of regulation 3 and Schedule 2 relating to that product; and “designated cocoa product” and “designated chocolate product” mean any such product which is respectively a cocoa product or a chocolate product;

“Directive 2000/36/EC” means Council Directive 2000/36/EC relating to cocoa and chocolate products intended for human consumption M1 ;

“EEA Agreement” means the Agreement on the European Economic Area M2 signed at Oporto on 2nd May 1992 as adjusted by the Protocol M3 signed at Brussels on 17th March 1993;

“EEA State” means a State which is a Contracting Party to the EEA Agreement;

“other edible substances” does not include vegetable fats referred to in regulation 3 or the filling of any product specified in column 2 of item 7 or of item 10(a) of Schedule 1;

“preparation” includes manufacture and any form of processing or treatment, and “prepared” shall be construed accordingly;

“reserved description”, as respects any designated product, means any description specified in relation to that product in column 1 of Schedule 1;

[F1 “Regulation (EU) No 1169/2011” means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004] [F2 , as last amended by Regulation (EU) 2015/2283 of the European Parliament and of the Council on novel foods];

“sell” includes offer or expose for sale or have in possession for sale, and “sell” and “sale” shall be construed accordingly;

F3 ...; and

“ultimate consumer” means any person who buys otherwise than–

(a)

for the purpose of resale;

(b)

for the purposes of a catering establishment; or

(c)

for the purposes of a manufacturing business.

Textual Amendments

F1 Words in reg. 2(1) inserted (13.12.2014) by The Food Information (Scotland) Regulations 2014 (S.S.I. 2014/312), reg. 1(2), sch. 5 para. 9(a)(ii)

F2 Words in reg. 2 inserted (28.3.2019) by The Food Standards and Hygiene (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/33), regs. 1(1), 4(2)

F3 Words in reg. 2(1) omitted (13.12.2014) by virtue of The Food Information (Scotland) Regulations 2014 (S.S.I. 2014/312), reg. 1(2), sch. 5 para. 9(a)(i)

Marginal Citations

M1 O.J. No. L 197, 3.8.00, p.19, as adopted by EEA Joint Committee Decision 152/2001 (O.J. No. L 65, 7.3.02, p.26).

M2 O.J. No. L 1, 3.1.94, p.1.

M3 O.J. No. L 1, 3.1.94, p.571.